Kenya: Karting Firm and Parents of Two Minors Caught Up in Court Battle

19 September 2019

The Kenya Motor Sports Federation (KMSF) is entangled in a row with parents of minors locked out of a karting championship.

The parents moved to court and obtained orders barring the federation from holding the national championship, but KMSF now wants the ruling set aside.

The court issued the order after the two boys' parents sued the federation for banning their sons from taking part in the first of three races this year.

The federation countered that it was already three-quarter way into the 2019 national karting championship junior class season when the order was issued.

Through lawyer Brian Murangasia, KMSF claimed that the parents did not have the right to sue because their children did not apply for the 2019 karting driving licences, hence they were not eligible to compete.

"It is only fair and just that these proceedings be dismissed," he said.

Earlier, the parents had protested a ban on their sons' participation in the races and imposing a Sh10,000 fine on them without giving them a chance to be heard. They described KMSF's decision prejudicial to their children.

They also said that KMSF illegally annulled results for rounds five and eight of last year's championship, thus blocking their sons from being champions in the junior class.

They said that their appeal to the federation did not bear any fruit hence the decision to go to court.

The karting championship had been slated for September 7 and 8 but High Court judge Weldon Korir's order temporarily stopped the competition. Justice Korir also ordered that failure by the federation to hear and determine the parents' appeal was a violation of the minors' right to fair administrative action and access to justice. He barred the federation from issuing notices for races pending hearing and determination of the case.

However, KMSF argues that their rules require participants to take part in at least 80 per cent of the races.

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